3701-13-08
Liability.

In a tort or other civil action for damages that is brought as
the result of an injury, death, or loss to person or property caused by an
individual who a DCP employs in a position that involves providing direct care
to older adults, the following shall apply:

(A)
If the DCP employed the individual in
good faith and reasonable reliance on the report of a criminal records check
requested under this chapter, the DCP shall not be found negligent solely
because of its reliance on the report, even if the information in the report is
determined later to have been incomplete or inaccurate;

(B)
If the DCP employed the individual in
good faith on a conditional basis pursuant to rule
3701-13-04 of the Administrative
Code, the DCP shall not be found negligent solely because it employed the
individual prior to receiving the report of a criminal records check requested
under this chapter;

(C)
If the DCP
in good faith employed the individual according to the personal character
standards adopted under rule
3701-13-06 of the Administrative
Code, the DCP shall not be negligent solely because the individual prior to
being employed had been convicted of or pleaded guilty to an offense listed or
described in rule
3701-13-05 of the Administrative
Code.